Patna High Court
Manish Kumar @ Mannu Paswan @ Monu @ Mannu@ Manish PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner.
Summary
Manish Kumar was charged under Sections 118(1) and 109 of the Bihar Negotiable Act and Section 27 of the Arms Act for allegedly firing at a victim, causing injuries from gunpowder. He had been in custody since February 5, 2025 and had three prior criminal antecedents. The prosecution had framed charges on August 2, 2025, but no witnesses had been examined, resulting in a significant trial delay. The petitioner’s counsel argued that the delay and prolonged custody warranted bail. The court, noting the delay and lack of trial progress, granted regular bail on a bond of Rs.10,000 with two sureties, while clarifying that this order was limited to the bail application and did not prejudice the merits of the case.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences under the Bihar Negotiable Act and the Arms Act.
- Whether the delay in trial and absence of witness examination justify the grant of bail.
Legislation cited
- Arms Act — s. 27
Subjects
- bail
- trial delay
- Arms Act
- criminal antecedents
- court procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21693 of 2026
Arising Out of PS. Case No.-44 Year-2024 Thana- MANJHAUL District- Begusarai
======================================================
Manish Kumar @ Mannu Paswan @ Monu @ Mannu@ Manish Paswan S/o
Late Manoj Paswan @ Manoj Kumar Resident of Village- Siuri, P.S.-
Manjhaul, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr Satyendra Kumar Shrivastava
For the Opposite Party/s : Mr.Ram Naresh Ray
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection
with Manjhaul P.S. Case No. 44 of 2024 registered for the
offence under Sections 118(1) & 109 of the BNS and Section 27
of the Arms Act.
3. As per the prosecution case, the petitioner, who
is a criminal, fired upon the victim and caused injury upon him.
Though the bullet did not hit the victim but injuries were caused
due to the gunpowder.
4. The petitioner is in custody since 05.02.2025 and
has three criminal antecedents.
5. It has been submitted by the learned counsel for
Patna High Court CR. MISC. No.21693 of 2026(2) dt.30-04-2026
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the petitioner that in this case, charges have been framed on
2.8.2025 but till date, not even a single witness has been
examined in the trial.
6. Considering the facts of the case, the delay in the
trial and the period of custody of the petitioner, this application
is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with Manjhaul
P.S. Case No. 44 of 2024.
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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